Legal Definitions - hereditament

The term hereditament is an older legal term, though it still appears in some legal documents like wills and property deeds today. It refers to any type of property that can be inherited, meaning it can be passed down to heirs after someone's death.

This property can be either physical (like land or buildings) or non-physical (like certain rights associated with land). While the definition is broad, hereditaments are most commonly associated with real estate and rights connected to it.

• Example 1: A Family Farm

  Imagine a large family farm, including the land, farmhouse, and barns, that has been owned by the same family for generations. Upon the death of the current owner, this entire farm—the physical land and structures—is designated in their will to pass to their children.

  Explanation: The farm, being a tangible piece of real estate that is inherited, perfectly illustrates a hereditament. It's a physical property that can be legally passed down through inheritance.

• Example 2: A Perpetual Right-of-Way

  Consider a situation where a property owner has a legally established, perpetual right to cross a neighbor's land to access a public road. This right-of-way is recorded with the property and is intended to continue indefinitely, even if the property changes hands.

  Explanation: This right-of-way is an intangible hereditament. It's not a physical object, but it's a valuable, inheritable legal right associated with real property that passes to the new owner of the land it benefits.

• Example 3: Mineral Rights to a Property

  Suppose an individual owns the mineral rights beneath a specific parcel of land, even though they do not own the surface land itself. These rights allow them to extract resources like oil or natural gas, and they are legally documented to be inheritable by their descendants.

  Explanation: These mineral rights represent an intangible hereditament. They are a non-physical, yet valuable and inheritable, interest in real property that can be passed on to heirs.